1 Introduction

1.1 Shopper Media Group Pty Ltd ATF Shopper Media Group Unit Trust ABN 45 576 895 975 (“SMG”) provides access to the in-centre free Wi-Fi service (the “Service”), subject to these terms and conditions.

1.2 By accessing the Service, You warrant that You have read, understand and agree to be bound by these terms and conditions.

1.3 If You do not agree to these terms and conditions, You may not access the Service.

2 Access

(a) SMG provides the Service without any warranty or representations, express or implied, including, but not limited to, any warranty or representation in relating to the availability, continuity, operation, use or security of the Service.

(b) SMG reserves the right, at its absolute discretion, to limit, restrict or suspend access to or the availability of, the Service at any time for any reason (including for any maintenance).

(c) You acknowledge and agree that:

  1. access to the Service is at Your own risk;
  2. the Service is not supplied for the purpose of nor is suitable for supporting, continuous, 
uninterrupted, error free network connectivity or large amounts of downloading;
  • the Service provides unencrypted wireless access to the internet and You are responsible for the security of Your connected devices and any transmissions made or received during Your 
access to the Service; and
  1. You are responsible for taking any necessary security precautions to protect Your device 
against the risks of hacking, viruses, eavesdropping, and all other such hazards.

3 Conditions of Access

Your use of the Service must not:

(a) introduce any viruses, worms, Trojan horses, cancelbots, time bombs, malicious software or any other computer programming routines that may damage, detrimentally interfere with, surreptitiously or remotely intercept or expropriate any system, data or personal information;

(b) violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, antidiscrimination or false advertising);

(c) be defamatory, unlawfully, threatening or harassing;
(d) be obscene or contain pornography and other explicit material;

(e) infringe any third party’s copyright, patent, trademark, trade secret or other intellectual property rights; or

(f) involve any attempt to access any data or system which You are not authorised to access.

4 Content

SMG reserves the right, at its absolute discretion, to:

(a) bar access to the Service to anyone who is deemed to be in breach of these terms and conditions, or is behaving in an inappropriate manner, or for any other reason;

(b) block access to any network protocols that are deemed inappropriate by SMG or may contravene these terms and conditions of use, including but are not limited to those used by file sharing applications or any Bit-Torrent type of client or Peer to Peer applications; and

(c) block access to any sites SMG considers (in its complete discretion) inappropriate, including sites which contain or promote gambling, pornography, sexually explicit material, drug use, violence, terrorism, racial vilification, harassment or discrimination of any kind or spam or anything in breach of any law or regulation.

(d) The content provided on the Service by SMG (whether produced by a third party or otherwise) may include copyright material. All content and other information, text, images, graphics, software, applications and advertisements contained on the Site are protected by International and Australian copyright law, and all rights are reserved.

(e) The SMG logos and slogans used on the Service are registered trademarks and may not be used without the prior specific and written permission of SMG. No other trademark appearing on the Service may be used without the prior specific and written permission of the trademark owner.

(f) Links and Advertisements: The Service may contain hyperlinks to internet sites operated by third parties which may be accessible through advertisements, content or through email communications. We will endeavour to ensure that all links are current but we are not responsible for the contents of any linked site. The inclusion of any link does not imply any endorsement of the linked Site by SMG. Any link within the site, which takes You to a third-party site should only be clicked on at Your own risk. SMG does not endorse or in any way adopt representations made by advertisers on the site or any linked website, nor are any offers made by such advertisers or site operators also made by SMG.

5 Investigation by Authorities

SMG reserves the right to act in any appropriate manner, where there are reasonable grounds for suspecting that illegal or unacceptable usage of the Big Bear Shopping Centre Free Wi-Fi Service, including, co-operating fully with Commonwealth and State Police and other bodies investigating unlawful behaviour on or via the Service.

6 Limitation of Liability

To the maximum extent permitted by law: (a) SMG is not liable for; and

(b) You release SMG from, any loss or damage, direct or indirect, (including any consequential loss or damage) of any kind arising out of or in connection with Your access to and use of the Service.

7 Alteration of Terms and Conditions

SMG reserves the right to vary these terms and conditions from time to time. Any revised terms and conditions will be made available by visiting

8 Decisions final

SMG decisions relating to the Service are final and no discussions or correspondence with You or any other person will be entered into.

9 Personal information and privacy

By accessing the Service, You consent to providing, and SMG collecting, Your personal information, including geo-tracking data. SMG will retain all other Personal Information You provide in confidence in accordance with our Privacy Policy.

10 Governing Law

These terms are governed by the Laws of Australia. If any provision of these terms is found to be invalid or unenforceable by a Court of Law, it shall be severed and will not affect the remainder of the terms, which will continue in full force and effect. All rights not expressly granted are reserved.

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